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(영문) 부산지방법원동부지원 2019.07.10 2018가단207221

주권인도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a company established on June 18, 2010 for the purpose of the oil hold cleaning business, the ocean-related pollution response business, etc., and the Plaintiff established and operated the Nonparty Company, and Defendant B was in a relationship with the Plaintiff from the police officer in 2014.

B. The representative director of the non-party company is registered as E, F from March 25, 2013 to November 26, 2013, G from June 30, 2016 to H, F, and F from August 4, 2017.

C. The total amount of the capital of the non-party company, which is an non-standing company, was KRW 50 million (50 million for common shares of the issued shares, KRW 10,00 for each share, KRW 10,00 for each share, and non-issuance of share certificates), and around 2014, the shares of the non-party company were held by F 2,450 shares (49%) by G 1,700 shares (34%) by G, I 750 shares (15%) by 750 shares (15%) and J 100 shares (2%) by 20 percent).

F around September 24, 2014, at the request of the Plaintiff, transferred 2,450 shares of the non-party company, which was held by the Plaintiff, to Defendant B, and did not receive the transfer proceeds from the Plaintiff or Defendant B.

Defendant BF 1,000 N 250 G L L 1,700 I M 500 L 250 L 100 K L 100

E. Around July 1, 2016, the shares of the non-party company were owned by Defendant B 2,450 shares (49%) by G, 1,700 shares (34%) by G, 750 shares (15%) by K, and 100 shares (2%) by K, and thereafter, L Co., Ltd (hereinafter “L”) decided to acquire the non-party company. On June 30, 2016, a share transfer and takeover contract was made with respect to all shares of the non-party company 1,250 shares and G, I, and K as listed below. Accordingly, after July 1, 2016, the status of the shares held by the non-party company was changed to L2,050 shares (41%) by 1,200 shares (24%) by 1,000 shares (250%) by 1,000 shares (250%) by 250 shares (250%).

F. On March 28, 2017, the Plaintiff presented to Defendant B a share transfer contract with the purport of transferring the shares of Nonparty Company 1,200 (hereinafter “instant shares”) owned by Defendant B to F, and affixed a seal thereto.